QUESTION
Is he entitled to money he paid for the ring if his actions caused the break up and I also paid for the ring?
Asked on Jun 27th, 2013 on Divorce - California
More details to this question:
There is no divorce - there is no Civil Category. When my ex-fiance and I purchased my engagement ring, I traded in my jewelry and also put money down on my ring. After our breakup caused by his actions, I took over payments on the ring. My ex's attorney is urging him to sue me to recover money he supposedly paid on the ring. Will he recover or will I prevail since I paid the majority for the ring? Thank you!
4 ANSWERS
Commercial Contracts Attorney serving Boise, ID
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Peters Law, PLLC
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He may recover, but I doubt it. Unless his actions don't rise to the level of being a justification to terminate the engagement.
Answered on Jun 27th, 2013 at 3:48 PM
Personal Injury Attorney serving Reno, NV
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Law Offices of Jill K. Whitbeck
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Generally, a ring is a gift given in anticipation of a contract. In your case, the contract did not proceed. Fault is generally not relevant. As such, he can certainly ask for reimbursement for what he paid into the ring which may be cheaper for you than fighting over it (but he must prove precisely how much he paid).
Answered on Jun 27th, 2013 at 3:43 PM
He might recover whatever he actually paid but he will have to prove it. And you will have to prove what you paid.
Answered on Jun 27th, 2013 at 12:44 PM
Family Law Attorney serving Irvine, CA
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Law Office of Julie A. Ringquist
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Most jurisdictions say that an engagement ring is a gift and once you give a gift you cannot ask for it back. Some jurisdictions say that an engagement ring is a conditional gift, meaning the gift isn't completed until there marriage takes place. However, since you also paid for the majority of the ring, it sounds as if you would have an additional argument, even if the court found it was a conditional gift.
Answered on Jun 27th, 2013 at 12:44 PM